### MEMORANDUM UNITED STATES ENVIRONMENTAL PROTECTION AGENCY RESEARCH TRIANGLE PARK, NC 27711


### AUG 15 2006

OFFICE OF AIR QUALITY PlANNING AND STANDARDS
SUBJECT:

FROM:

TO: Guidance for State Implementation Plan (SIP) Submissions to Meet Current Outstanding Obligations Under Section 110(a)(2)(D)(i) for the 8-Hour Ozone and PM2 .S National Ambient Air Quality Standards William T. Harnett, Director

# f!I~ 

# '1 Air Quality PolicyDivision, OAQPS (C539-01) Regional Air Division Director, Regions I-X The purpose ofthis memorandum is to provide guidance concerning the State implementation plan (SIP) submissions States should make to meet their currently outstanding obligations under section 110(a)(2)(D)(i). The Environmental Protection Agency (EPA) has previously indicated through rulemaking what States affected by the Clean Air Interstate Rule (CAIR) must do concerning emissions that significantly contribute to nonattainment orinterfere with maintenance ofthe 8- hour ozone or fine particulates (PM2 .S) National Ambient Air Quality Standard (NAAQS) in another State. This guidance, therefore, addresses what States that are not affected by the CAIR should considerin meeting the "significant contribution" and "interfere with maintenance" requirements ofsection 11O(a)(2)(D)(i), and what all States (inside or outside the CAIRregion) should considerwith respect to making submissions to meet the "prevention ofsignificant deterioration" and "protect visibility" requirements ofsection 11O(a)(2)(D)(i). Because the CAIRregion differs for purposes of8-hourozone and PM2.5, some States may be within the CAIR region for purposes ofone NAAQS, but not the other, and should make section 110(a)(2)(D)(i) SIP submissions that account for this distinction. On July 18, 1997, EPA promulgated NAAQS for ozone and for fine particulate matter. Section 11O(a)(1) ofthe Clean 

### Air Act requires States to submit new SIPs to provide for the implementation, maintenance, and enforcement ofnew orrevised NAAQS. Section 11O(a)(2) lists the elements that the new SIP submissions must contain. Among otherthings, SIPs for new orrevised NAAQS must contain adequate provisions to address interstate transport ofair pollution, pursuant to section 11O(a)(2)(D)(i).

Inlemet Addres: (URL). http://www.epa.gov RecycledIRecyclable • Printed**w~h** Vegetable 0 Based Inks on Recycled Paper (Minimum 25% Postconsumer)

### 2

Section 11O(a)(l) explicitlyprovides that States must adopt and submitto the EPA Administrator new SIP submissions within 3 years afterthe promulgation ofa new orrevised NAAQS, meeting the provisions of 11O(a)(2), as applicable. Therefore, States should have submitted SIPs to EPA for the 8-hourozone NAAQS and the PM2.5 NAAQS by no laterthan July 2000. However, at this time.no State has submitted a new SIP. We recognize that litigation overboth the 8-hour ozone NAAQS and the PM2.5 NAAQS created substantial uncertainty as to how to proceed. Moreover, in the case ofPM2 .5, additional time was needed for creation ofa monitoring network, collection of at least three years ofdata, and analysis ofthose data. On April 25, 2005, EPA published an action in the Federal Register making a finding that States had failed to make statutorilyrequired SIP submissions for the 8-hourozone and PM2 .5 NAAQS. The EPA explicitly limited this finding offailure to submit to the requirements of section 110(a)(2)(D)(i) pertaining to interstate transport. The finding offailure to submit action started a 24-month clock for EPAto issue a final Federal hnplementation Plan (FIP) to meet the requirements ofsection 11

### O(a)(2)(D)(i), for both the 8-hourozone and PM2.5 standards, unless EPA instead approves a State SIP submission to meet those requirements in advance ofthat date. The finding offailure to submit SIPs addressing section 11O(a)(2)(D)(i) is the first action required under a Consent Decree between EPA and plaintiffs who sued the Agency for failure to take action to require the submission ofnew SIPs for the 8-hour ozone and PM2 .5NAAQS, orto issue FIPs in lieu thereof. The EPA has also committed in the Consent Decree to take later actions to determine whether States have submitted the remaining SIP elements required by section 110(a)(l) and (2) for the 8-hourozone and PM2.5 NAAQS by no laterthan December 15, 2007, for ozone, andby no laterthan October 5, 2008, for PM2.5. The Agency intends to provide States with additional information concerning the remaining section 110(a)(l) and (2) SIP

. elements, in separate regulations or guidance documents. We emphasize that this document is merely guidance and that States orEPA may electto follow or deviate from this guidance, as appropriate. The ultimate determination ofwhether a given SIP submissionby a State meets the statutoryrequirements ofsection 110(a)(2)(D)(i) will be accomplished through case by case notice and comment rulemaking in which the facts and

.circumstances ofeach State submission will be evaluatedbyEPA. We ask that the EPA Regional Offices work with theirrespective States in the development oftheir SIP submissions. Ifyou have questions concerning this guidance, please contact 

### Mr. Larry D. Wallace (919) 541-0906. Please ensure that the appropriate air agency officials for the States in your Region are made aware ofthis guidance.Attaclunent

cc: Margo Oge, OTAQ Steve Page, OAQPS Brian McLean, OAP Scott Mathias, AQPD Kevin McLean, OGe BarbaraDriscoll, AQPD Larry Wallace, AQPD Kimber Scavo, AQPD Geoffrey Wilcox, QGe Norm Possiel, AQAD 3

### Guidance for State Implementation Plan Submissions to Meet Current Outstanding Obligations Under Section llO(a)(2)(D)(i) for the 8-Hour Ozone and PM2.5 National Ambient Air Quality Standards

1. 

### Introduction: This document provides guidance to States concerning State Implementation Plan (SIP) submissions that States must make pursuantto section 110(a)(2)(D)(i). The Environmental Protection Agency (EPA) emphasizes that this guidance document merely provides suggestions and that States orEPA may elect to follow or deviate from this guidance,.as appropriate. The ultimate determination ofwhether a given SIP sllbmission by a State meets the requirements of section 110(a)(2)(D)(i) will be accomplished by area specific notice and comment rulemaking in which-the facts and circumstances ofeach State submission will be evaluatedby EPA. Sections 110(a)(l) and (2) ofthe Clean Air Act (CAA), require States to submit SIPs that implement, maintain, and enforce a new orrevised national ambient air quality standard (NAAQS) within 3 years following the promulgation ofthe standard. In July 1997, EPA issued the 8-hourozone and PM2.5 NAAQS. States were thus required to submit SIPs that satisfythe applicable CAA requirements under section 110(a)(I) and (2) for these NAAQS byJuly 2000. Among the SIP elements identified 

### in section 11O(a)(2) is the requirement to address interstate transport ofpollutants pursuant to section 110(a)(2)(D)(i). The_ EPA has determined that section 11O(a)(2)(D)(i) is among the SIP requirements with which States must comply 

### in accordance with the schedule ofsection 110(a)(I).1 OnApril 25, 2005, EPA notified States oftheir failure to make the required SIP

. submission addressing interstate transport ofpollutants related to ozone and PM2 .5in downwind States.2Pursuant to section l1O(c), EPA's April 25, 2005 finding offailure to submit started a 24-month clock for EPA to issue a final Federal Implementation Plan (pIP) to address the requirements ofsection 11O(a)(2)(D)(i), unless a State makes the required submission andEPA approves such submission within that 24-monthperiod. The 24-month FIP clockbegan on

ISee,"Rule to Reduce Interstate Transport ofFine Particulate Matter and Ozone (Clean Air Interstate Rule); Revisions to Acid Rain Program; Revisions to the NOx SIP Call; Final Rule," 70 FR 25,162 at 25,263-69 (May 12,2005). 2See, "Finding ofFailure to Submit Section 110 State Implementation Plans for Interstate Transport for the National Ambient Air Quality Standards for 8-Hour Ozone and PM 2.5," 70 FR 21,147 (April 25, 2005).

. . . 1May 25,2005, the effective date ofthe finding offailure to submit, and will end on May 25, 2007. The EPA's finding offaihire to submit SIPs that address section IIO(a)(2)(D)(i) is the first action required under a Consent Decree.3 Under the Consent Decree, EPA is also obligated to make later detenninations as to whether States have made the required SIP submissions to meet the remaining applicable requirements ofsection 110(a)(I) and (2). The EPA is obligated to make these later detenninations by December 15,2007, for SIP submissions for the 8-hour ozone NAAQS, and by October 5, 2008, for SIP submissions pertaining to the PM2. 5NAAQS. The EPA believes that Section 11

### O(a)(2)(D

### )(i) provides an important tool for attainment and maintenance ofthe NAAQS by addressing the problem ofinterstate transport ofair pollutants. This provision applies to each pollutant covered by a NAAQS and to all areas ofeach State regardless ofthe attainment ornonattainment designation ofsuch areas. Section 110(a)(2)(D)(i) specificallyprovides that each State's SIP must contain adequate provisions to prohibit airpollutant emissions from within the State that significantly contribute to nonattainment oftheNAAQS, orthat interfere with maintenance ofthe NAAQS, in any other State. In addition, this section requires that each State's SIP must contain adequate provisions to prohibit emissions ofairpollutants within the State that interfere with measures required to prevent significant deterioration ofair quality orto protect visibility in any other State. The EPA intends to provide additional infonnation to States concerning the remaining

. section IIO(a)(I) and (2) SIP elements, eitherinregulations implementing the 8-hour ozone or

PM2.5 NAAQS, orin later**gui~ance** documents.


### 2. What is required under section 110(a)(2)(D)(i): Section 110(a)(I) requires States to make a SIP submission for a new orrevised NAAQS within 3 years ofpromulgation ofsuch new orrevised NAAQS. Section 110(a)(2) lists the elements those SIPs must contain. For example, this section lists certain SIP infrastructure elements related to the new orrevised standards such as requirements for provisions pertaining to modeling, monitoring, and emissions inventories that are designed to assure attainment and maintenance ofthe standards. 

### An important SIP element

3The Consent Decree is betweenEnvironmental Defense and American Lung Association, as plaintiffs, and EPA, as defendant, signed March 10, 2005. The Consent Decree resolved the case entitled "Environmental Defense, et 

### aI. v. Johnson," No. 1:05CV00493(D.D.C.). EPA gave notice of, and took comment on, the proposed consent decree in accordance with CAA section 113(g). See, 70 FR 15,623 (March 28, 2005). 2listed in section 110(a)(2) is the requirement that States address emissions that impact other States through interstate transport. The"good neighbor" provisions in section 11O(a)(2)(D)(i) require each State to submit a SIP thatprohibits emissions that adversely affect another State in the ways contemplated in the statute. Section 11O(a)(2)(D)(i) contains four distinctrequirements related to the impacts of interstate transport. Each**St~te** must submit a SIP which contains adequate provisions: prohibiting

... any source or other type ofemissions activity within the State from emitting any airpollutant in amounts which will

- 

### (1) contribute significantly to nonattainment in, or interfere with maintenance by, any other State with respect to any ... national primary or secondary air quality standard, or (II) interfere with measures required to be included in the applicable implementation plan for any other State

.... to prevent significant deterioration of air quality orto protectvisibility. The EPA's April 25, 2005 finding offailure to submit reflected EPA's determination that States had not yetmade SIP submissions for the 8-hour ozone and PM2.S NAAQS necessary to meet the requirements ofsection 110(a)(2)(D)(i). The precise nature and contents ofsuch a submission is not stipulated in the statute. EPA believes that the contents ofthe SIP submission requiredby section 11O(a)(2)(D)(i) may vary depending upon the facts and circumstances related to the specific NAAQS. 

### In particular, the data and analytical tools avwlable at the time the State develops and submits a SIP for a new or revised NAAQS necessarily affects the content ofthe required submission. 

### In some instances, this submission may be more detailed and substantive, as when existing data and analyses already provide the requisite information. 

### In other instances, the submission may be more preliminary and simplified, as whenthere is currentlyinsufficient information to support a determination that there are interstate transport impacts, orwhen other laterregulatory actions are prerequisites to making such a determination. The sections belowprovide guidance concerning the types ofSIP submissions thatEPA believes would be appropriate in response to the April 25, 2005, finding offailure to submit.



### 3

### 3. States subject to the Clean Air Interstate Rule: In March of2005, EPA promulgated the Clean Air Interstate Rule (CAIR).4 Based upon the requirements ofsection 1l0(a)(2)(D)(i), EPA determined in the CAIR that NOx 

### emissions from sources in 25 States and the District ofColumbia contribute significantly to nonattainment and interfere with maintenance ofthe 8-hourozone standard in otherdownwind States. The EPA also determined that S02 and NOx

### emissions from sources in 23 States and the District of Columbia contribute significantly to nonattaimnent and interfere with maintenance ofthe PM 2.5 standards in other downwind States. Subsequently, EPA determined that two additional States contribute to nonattaipment and interfere with maintenance ofthe PM 2.

### s NAAQS.

### s (See Attachment A listing the States subject to the CAIR). In the CAIR, EPA concluded that the States will meet their section 110(a)(2)(D)(i) obligations to address the "significant contribution" and "interference with maintenance" requirements by complying with the CAIRrequirements. Consequently, States within the CAIR region need not submit a separate SIP revision to satisfY the section Il0(a)(2)(D)(i) requirements provided that they submit a SIP revision to satisfy CAIR. Pursuant to section 110(a)(I), those States not within the CAIR region must also make a submission with respectto those two requirements. Also in accordance with the statute, all States, both inside and outside the CAIRregion mustmake a submission with respect to the "prevention ofsignificant deterioration" and ''protectvisibility" requirements ofsection 110(a)(2)(D)(i). 

### It shouldbe noted thatbecause the CAIR region differs for purposes ofozone and PM 2.

### s

, some States maybe inside the CAIRregion for purposes ofoneNAAQS, but outside the CAIRregion for the other, and should make section 1.l0(a)(2)(D)(i) SIP submissions that account for this distinction. Accordingly, EPA has structured this guidance to address the different types of considerations that States mayneed to evaluate in making theirrespective submissions.


### 4. SIP Submissions from States pertaining to the "significant contribution" and "interfere with maintenance" requirements ofsection llO(a)(2)(D)(i): States not covered by the CAIR must make a section 110(a)(2)(D)(i) SIP submission addressing significant contribution to nonattaimnent and**interferen~e** 

### with maintenance ofthe 8-hour ozone and PM2.5

### NAAQS in anyother States.

4See, supranote 

### 1. SSee, Inclusion ofDelaware andNew Jersey in Ckan AirInterstate Rule, 71 FR 25288 (April 28, 2006). 4The EPA anticipates, based upon existing information developed in connection with the CAIR, that emissions from sources in States not covered by the CAIR do not contribute significantlyto nonattainment or interfere with maintenance ofthe 8-hour ozone or

### PM2.S NAAQS in any other State. Unless a State excluded from the CAIRhas contrary information or analysis, EPAbelieves that such State shouldbe able to make a relatively simple SIP submission verifying that the State does not significantly contribute to nonattainment orinterfere with' maintenance ofthe 8-hourozone or

### PM 2.S in another State. EPA believes that a negative declaration from each ofthe non-CAIR States, which certifies that the State in question does not significantly contribute to nonattainment or interfere with maintenance ofthe NAAQS in another State, should be adequate to satisfy the requirements ofsection 110(a)(2)(D)(i). States should submit a technical demonstration to support a negative declaration. EPA believes that this demonstration should contain the informationwhich the State deems appropriate to support its claim that it does not significantly contribute to nonattainment or interfere with maintenance ofthe standards in another State. Suitable information might include, but is notbe limited to, information concerning emissions in the State, meteorological conditions in the State, the distance to the nearest nonattainment area in another State, reliance onmodeling conductedbyEPA in determining that such State should notbe included within the ambit ofthe CAIR, or such otherinformation as the State considers probative on the issue ofsignificant contribution and interference with maintenance. The EPA believes that it would'be appropriate for States to make this assessmentusing considerations comparable to those usedby EPA in evaluating significantcontribution in the CAIR,**~,** assessing the impacts ofemissiop.s on nearby nonattainment areas as ofthe year 2010, and evaluating mitigation strategies based upon emissions reductions achievable through highly cost effective controls. 

### In addition, States that are not subjectto the CAIR, but are subject to the NOx SIP Call, maywish to indicate that SIPs submitted to meet the NOx SIP Call should be sufficient to satisfy' the section 11O(a)(2)(D)(i) obligation for the 8-hour oZone NAAQS. EPA initially addressed interstate transport for ozone in the NOx SIP Call rule published in 1998.6 The NOx SIP Call is substantiallyreducing ozone transport, and is helping downwind areas meet the 8-hourozone standards. The EPA believes that states outside the CAIRregion that are meeting the NOx SIP Call should not significantlybe contributing to nonattainment orinterferring with maintenance in any down wind state. The EPA will assist each State to evaluate the available information and to develop a sufficient SIP submission and demonstration to meet this element ofsection 11O(a)(2)(D)(i).

6 "Finding of Significant Contribution and Rulemaking for Certain States in the Ozone Transport Assessment Group Region for the Purposes ofReducing Regional Transport of Ozone Rule, (63 FR 57356, October 27, 1998). 5EPA will take action on the SIP submissions made by States through notice and comment rulemaking, thereby assuring that the requirements are met. 

### 5. SIP Submissions from States pertaining to the "prevention ofsignificant deterioration" requirement ofsection 110(a)(2)(D)(i): Section 110(a)(2)(D)(i)(II) also contains a requirement for all States to submit SIPs that contain adequate provisions prohibiting "

.... any source or othertype ofemission activity within the State from emitting any airpollutant in amounts which will

- interfere withmeasures required to be included in the applicable implementation plan for any other State

.... to prevent significant deterioration ofair quality

..." UnderEPA regulations, each SIP must include a preconstruction review program for major sources to satisfy the requirements ofsection 110(a)(2)(D)(i) ofthe Act. 40 C.F.R. 

### § 51.165(b)(1). 

### In nonattainment areas, the preconstruction review program is known as Nonattainment New Source Review (NNSR) and in attainment areas, preconstructionreview is part ofthe Prevention ofSignificant Deterioration (PSD) program. These programs require preconstructionpermits to protect the air quality within each state and also serve to prohibit construction ofnew major sources and major modifications at existing major sources from" contributing to nonattainment in adjacent states. The PSD permittingprogram is also the primary measure that each SIP must include to prevent significant deterioration ofair quality in accordance with Title

### T, Part C and section 1l0(a)(2)(D)(i)(II) ofthe Act. See. 40 CFR 

### § 51.166. Section 110(a)(2)(D)(i)(II) requires that SIPs contain adequate provisions prohibiting sources or emissions activity within each state "from emitting any airpollutant in amounts which will

-- '" interfere with measures required to be included in the applicable implementation plan for any other State underpart C ofthis subchapter to prevent significant deterioration ofairquality

...." 42 U.S.C. 

### § 7410(a)(2)(D)(i)(II). Because all areas are currently subject to some form ofpreconstruction permitting
" program for ozone and PM2.5, it is not necessary, at this time, for States to make a SIP

submission containing rule changes ormodeling demonstrations in orderto address section 110(a)(2)(D)(i)(II) for the 8-hourozone and PM2.5NAAQS. EPAhas established orwill establish schedules for SIP submissions that incorporate revisions to EPA's preconstruction permitting regulations that are specific to the 8-hour ozone and PM2.5 NAAQS. Areas 

### will need to revise their SIPs consistent with such schedules. Each area ofthe country is currently subjectto an equivalentPSD orNNSR permitting program for the 8-hourozone standard and an interim PSD orNNSRpermittingprogram for PM2.5• Ifaparticular state SIP lacks an approved PSD program, the PSD permitting requirements mustbe implemented in that state or local area through a federal PSD program that can be administeredby the state or local permitting authority under a delegation agreement with EPA. Where a state lacks an approved NNSRprogram, the statemay issue NNSRpermits



### 6pursuant to an EPA regulation at 40 CFR Part 51, Appendix S. Ifsuch a state lacks authority to issue permits consistent with appendix S, EPA is the permitting authority. In April 2004 and November2005, EPA promulgated regulations in two phases that addressed (among othertopics) the implementation ofthe PSD andNNSR programs under the 8-hourozone NAAQS. See 69 FR 23951 (Apr. 30,2004); 70 Fed. Reg. 71612 (Nov. 29, 2005). The first phase ofthese rules requires implementation ofNNSR in accordance with an area's 8- hour ozone classification afterrevocation ofthe I-hourozone NAAQS. See 69 FR at 23985. The EPA revoked the I-hour ozone NAAQS on June 15,2005. Thus, new and modified major sources ofvolatile organic compound and NOx are currently subject to NNSR based on the designation and classification ofthe area in which they are located underthe 8-hourozone NAAQS. In an 8-hourozone nonattainment area that currently has no approved nonattainment plan or otherwise lacks authority to implement nonattainment NSR for the 8-hourozoneNAAQS through a SIP-approvedpermitting program, pennits for new andmodified major stationary sources in such areas mustbe consistent with the requirements in appendix S of40 CFR. Part 51. IEPA determined that states did not need to submit any revisions oftheir existing PSD programs to implement ofthe 8-hourozone NAAQS, but the Agency simultaneouslypromulgated new rules to establish NOx as a precursorfor ozone under the PSD program. See 68 FR. 32802, 32843-44 (Jun. 2, 2003); 70 FR at 71679. The EPA establishedJune 15,2007 as the deadline for states to provide SIP submissions that incorporate the requirements ofthephase II ozone implementationrule into theirPSDand NNSRprograms. See 70 FR at 71683. ForPM2.5, EPA has recommended that states employ an interimPM2.5 program that involves implementing existing PSD andNNSRprograms for PMIO as a surrogate for the PM2.5 requirements until the necessary tools are inplace for states to adopt PSD and NNSRprograms for PM2.5. See, Memorandum from John Seitz, EPA OAQPS, "Interim Implementation for the New Source Review Requirements for PM2.5," (October 23, 1997); Memorandum from Steve Page, EPA OAQPS, "Implementation ofNew Source Review Requirements in PM2.5 Nonattainment Areas." (AprilS, 2005). 

### InNovember 2005, EPAhas proposedregulations that establish the minimumrequirements for PSD and NNSR programs for PM2 . 5

, 70 FR 65984, 66033 (Nov. 1, 2005), but the Agency has not promulgated fmal regulations on this subject. States are notrequiredto submit PSD and NNSRprogram SIPs for

### PM2.S until EPA completes these regulations and finalizes the submission schedule, which we have proposed to be AprilS, 2008. Until the submission date is established in EPA's final PM2.5 implementationrule for NSR, states may continue to implement interimprograms based on PMIO and need notprovide PSD orNNSRprogram submissions containing rule changes for PM2.5. The air quality demonstrations required for issuance ofa PSD and NNSRpennitmustbe made for all areas that are potentially impactedby the emissions from aproposed source or modification requiring a permit. 

### As a result, the implementation ofa PSD and NNSRpermitting programin each state serves to prevent significant deterioration in neighboring states and thus largely satisfies the requirements ofsection 11O(a)(2)(D){i)(II) ofthe CAA. A PSD permit may notbe issued unless the new ormodified source demonstrates that emissions from the 7

### construction or operation ofthe facility will not cause or contribute to airpollution in any area that exceeds ofany NAAQS or any maximum allowable increaSe (known as the PSD increment). 42 U.S.C. 

### § 7475(a)(3); 40 CFR 

### § 51.166(k). A NNSR permit may notbe issued unless the new ormodified source shows ithas obtained sufficient emissions reductions to offset increases in emissions ofthe pollutants for which an areais in nonattainment, consistent withreasonable further program toward attainment. These offsetting reductions. could also help serve to prevent significant deterioration in any instance where the emissions ofa nonattainment pollutant from a source in a nonattainment area would impact a nearby attainment area for thatpollutant. In 

### addition to PSD permittingprogram, a SIP may include additional measures as necessary to prevent airpollution in excess ofthe PSD incrementthat defines significant deterioration for each area. 40 CFR 

### § 51.166(a). The EPA has not establishedPSD increments for ozone or

### PM Z

.5. 

### Withoutthese components ofa PSD program, itis difficult for states to determine ifadditional measures are needed to prevent significant deterioration within the state. Likewise, a neighboring state cannot determine whether its SIP would interfere with such additional measures in another state's SIP. However, notwithstanding the absence ofPSD increments for ozone and 

### PM Z

.5

, 

### states may continue to rely on their existing PSD and NNSR permitting programs to prevent significant deterioration ofair quality within their own boundaries and in adjacent states. Because the PSD and NNSR permitting programs currently applicable in each area require a demonstration that new ormodified sources will not cause or contribute to airpollution in excess ofthe NAAQS in neighboring states orthat sources in nonattainment areas procure offsets, EPA believes that states need not make an additional SIP submission containing rule changes ormodeling demonstrations to address the "prevent significant deterioration" requirement ofsection 11O(a)(2)(D)(i)(II) for the 8-hourozone and

### PM Z

.5

### NAAQS. For 8-hour ozone, each state onlyneeds to make a SIP submission confirmingthat major sources in the state are currently subject to PSD and NNSR permitting programs that implement the 8-hour ozone standard and that SIP-approved states are on track to meet the June 15,2007 deadline for SIP submissions adopting the requirements ofthe Phase II ozone implementationrule. For

### PM 

### z

.5, 

### states need onlyprovide a SIP submission confirming that major sources in the state are subject to PSD and NNSRpermitting programs implemented in accordance with EPA's interim guidance calling for use ofPMIO

### as a surrogate for 

### PM 

### z

.5 

### in the PSD and NNSRprograms. Additional SIP submissions will be due afterthe final NSR implementationrules for 

### PM 

### z

.5 

### are promulgated. The EPA will assist each State to evaluate the available information and to develop a sufficient SIP submission and demonstration to meet this element ofsection 110(a)(2)(D){i). The EPA will take action on the SIP submissions made by States through notice and comment rulemaking, thereby assuring that the requirements are met.

8

### 6. SIP Submissions from States pertaining to the "protectvisibility" requirement of section llO(a)(2)(D)(i): Section 110(a)(2)(D)(i)(II) also contains a requirement for all States to submit SIPs that contain adequate provisions prohibitmg "

... any source or othertype ofemission activity within the State from emitting any airpollutant in amounts which will

- interfere with measures required to be included in the applicable implementation plan for any other State

....to protect visibility."

. TheEPA adopted a phased approach to visibilityprotection, issuing regulations in 1980 to address reasonably attributable visibilityimpairment, i.e., visibilityimpairment that is caused by the emissions ofairpollutants from one, or a small number ofsources, and issuing regulations in 1999 to address regional haze, i.e., ''visibility impairmentthat is caused by the emission ofair pollutants from numerous sources located over a wide geographic area.,,7 Under the 1980 regulations, 33 States and the Virgin Islands were required to submit SIPs to address reasonably attributable visibility impairment. At this pointin time, EPA has made no determination that emissions from any State interfere with measures required to be included in a plan to address reasonably attributable visibilityimpairment. Further, EPA is not aware ofany certification of existing reasonably attributable impairment ofvisibilityby a Federal Land Manager that has not alreadybeen resolved. The EPA accordingly believes that States should be able to make a relatively simple SIP submission verifying that no source within the State emits pollutants that interfere with measures included in the visibility SIPs under the 1980 regulations. 

### In 1999, EPA found that all States contain sources whose emissions are reasonably anticipated to contribute to regional haze in one or more Class I areas. 8 Pursuant to this finding, States are currently under an obligation to submit SIPs that contain measures to address regional haze, including a long-term strategyto address visibility impairment for each Class I area which maybe affected by emissions from a State.9 The States and Regional Planning Organizations are currently engaged in the task ofidentifying those Class I areas impactedby each State's emissions and developing strategies for addressing regional haze to be included in the States' regional haze SIPs. These SIP submissions are due no laterthan December 17,2007. As a result, EPA believes that it is currentlypremature to determine whether ornot State SIPs for 8-hourozone orPM2.5 contain adequate provisions to prohibit emissions that interfere withmeasures in other States' SIPs designed to address regional haze. Accordingly, EPA believes that States may make a simple SIP submission confirming that it is notpossible at this time to assess whetherthere is any interference with measures in the applicable SIP for another

7 See, 40 CFR section 51.300-308. 8See, "Regional Haze Regulations," 64 FR 35,714,35,721 (July 1, 1999). 940 CFR 51.308(d)(3). 9

### State designed to "protectvisibility" for the 8-hour ozone and PM2.5 

### NAAQS until regional haze SIPs are submitted and approved. The EPA will assist each State to evaluate the available information and to develop a sufficient SIP submission and demonstration to meet this element ofsection 110(a)(2)(D)(i). EPA will take action on the SIP submissions made by States through notice and comment rulemaking, thereby assuring that the requirements are met.
.
7. When should States make section llO(a)(2)(D)(i) SIP submissions? The EPA made the finding offailure to submit in April of2005, with an effective date of May 25, 2005. As aresult ofthe rmding offailure to submit, the CAA imposes a 24-month clock for EPA to issue a FIP, unless a State has made the required**submis~ion** 

### to cure the failure to submit and EPA has acted to approve such submission fully in advance ofthe end ofthe 24-month period. In 

### conjunction with the CAIR, EPA has promulgated a FIP for alljurisdictions in the CAIRregion to provide a federal backstop to insure timely and effective reductions ofemissions from those States in accordance with section 110(a)(2)(D)(i)(I). The EPA has not, however, promulgated a FIP addressing section 110(a)(2)(D)(i) for any States outside ofthe.CAIR region. States outside the CAIRregionmust therefore make submissions to meet the significant contribution and interference with maintenance requirements ofsection 11O(a)(2)(D)(i)(I) to avoid a FIP addressing those requirements. In 

### addition, all States have an outstanding statutory obligation to make a SIP submission to meet the requirements ofsection 110(a)(2)(D)(i)(II) in avoid a FIP for those requirements.

. The EPA is currently under an obligation to issue a FIP by May 25, 2007, for any State that does not make a submission that cures the outstanding elements ofsection 11 0(a)(2)(D)(i) for that State. Unless the State makes the necessary SIP submission sufficiently in advance of that date for EPA to evaluate the submission and to take the necessary rulemaking action to approve or disapprove it, EPA may need to initiate the FIP rulemaking process in orderto meet the May 2007 FIP deadline. Forthis reason, EPA believes that it would be appropriate for each State to make the SIP submission necessary to meet its outstanding obligations under section 11O(a)(2)(D)(i) well in advance ofthe May 25,2007 FIP deadline. The EPA therefore suggests that States should make theirSIP submissionby no laterthanNovember 25, 2006, in orderto allow adequate time for the necessary Agency action on the submission. The EPA recognizes that this target SIP submission date is only 18 months after the effective date ofthe finding offailure to submit,andthat the Agency is issuing this guidance concerning the necessary SIP submissions only shortly in advance ofthe target date. As a result, EPA intends to be as flexible as possible with respect to the target SIP submission date and will work with States to insure that they can make appropriate SIP submissions as close to 10November 25,2006, as possible. However, in the event ofsubmissions significantly later than this**d~te,** EPA mayneed to initiate the FIP process to meet its own statutory obligations to implement FIPs where States fail to submit SIPs that the Agency can approve in advance ofthe May 25, 2007 FIP deadline.

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### AttachmentA: States subjectto the CAiR

Alabama Mississippi
Arkansas (ozone only) Missouri
Connecticut (ozone only) New York
Florida New Jersey
Delaware North Carolina Georgia (PM 2.5 only) Ohio
Illinois Pennsylvania
Indiana South Carolina
Iowa Tennessee Kentucky Texas (pM 2.5 only)
Louisiana Virginia Maryland WestVirginia
Massachusetts (ozone only) Wisconsin Michigan District ofColumbia
Minnesota (pM 2.5 only)



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